Glasenapp v. Germany

In May 1974, Glasenapp (plaintiff) applied for appointment as a secondary-school teacher in Münster, West Germany. In her application, Glasenapp pledged to accept and uphold the democratic principles of the Basic Law as required under the North Rhine-Westphalia Civil Servants Act. The application signed by Glasenapp also noted that candidates for the civil service belonging to organizations engaging in unconstitutional activity could be refused appointment to the civil service. In September 1974, Glasenapp circulated a statement within the school and to the press stating her support for a policy of the German Communist Party, the KPD. The KPD later published this statement in its journal. The Münster Ministry of Education wrote to Glasenapp, asking her to disavow her support for the KPD. The letter from the Ministry of Education asserted support for the KPD was antithetical to the democratic principles of the Basic Law as the KPD sought to overthrow the West German government. After Glasenapp refused to answer the letter, the Ministry of Education fired her in January 1975. Glasenapp challenged her dismissal in the West German court system. The court upheld her firing, finding that a civil servant could not advocate for the communist form of government sought by the KPD and uphold the democratic principles of the Basic Law. Glasenapp challenged her dismissal in the European Court of Human Rights, arguing her dismissal violated the freedom of expression guaranteed in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). The German government (defendant) argued that access to the civil service was the relevant issue, rather than freedom of expression.